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KENTUCKY COM'N, ETC. v. COM., DEPT. OF JUSTICE

586 S.W.2d 270 (1979)

KENTUCKY COMMISSION ON HUMAN RIGHTS, H. Gene Baldridge, Ewing P. Benberry, Mrs. Betty Fleischaker, James E. Gayheart, Mrs. Brenda Harris, Floyd E. Hurley, Jr., Edmund P. Karem, Ricardo Sisney, Caldwell Smith, Sr., Dr. John Wallace, Mrs. Willis Weatherford, Individual Members of the Kentucky Commission on Human Rights, Galen Martin, Executive Director, Kentucky Commission on Human Rights, Marta Pearson, and Lupe Cota, Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF JUSTICE, BUREAU OF STATE POLICE, State Police Personnel Board, and Kenneth E. Brandenburgh, Commissioner, Bureau of State Police, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied May 18, 1979.

Discretionary Review Denied October 2, 1979.

Attorney(s) appearing for the Case

Galen A. Martin, Thomas A. Ebendorf, Samuel H. DeShazer, Kentucky Commission on Human Rights, Louisville, for appellants.

James M. Baker, William G. Mullins, Bureau of State Police, Dept. of Justice, Frankfort, for appellees.

Before HOWARD, REYNOLDS and WINTERSHEIMER, JJ.

HOWARD, Judge.

This appeal involves the question of whether the minimum height requirement of 5' 6", a necessary qualification for employment as a Kentucky state trooper, is an unlawful practice of sex discrimination prohibited by KRS 344.040, the Kentucky Civil Rights Act.

Marta Pearson, a female, measures 5' 5¼" in height. Lupe Cota, a female, measures 5' 5¾" in height. Both women were otherwise qualified for employment as a state trooper, but...

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